Suspects in child trafficking case set free
From left: Josephine Muthoni, Dr Mahesh Chudasama and Neo Kian Fu appearing in a Mombasa court on July 30, 2018. FILE PHOTO | NATION MEDIA GROUP
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The prosecution of the case has also been hampered by the fact that there is no legal and ethical framework to regulate surrogacy arrangements in Kenya.
A court in Mombasa has set free three suspects who were charged with child trafficking.
Mombasa Senior Principal Magistrate Henry Nyakweba set free the suspects, Dr Mahesh Chudasama (Singaporean) Ms Josephine Muthoni (Kenyan) and Neo Kian Fu (Chinese) after the prosecution failed to give enough evidence to support the case.
Mr Nyakweba ordered that cash bail be refunded to the suspects.
Dr Chudasama and Ms Muthoni were charged with giving Mr Kian a 12-day-old baby for guardianship to facilitate the minor to be moved from Kenya to Singapore.
BOND
They were released on a Sh1 million bond each in July.
Mr Kian was accused of unlawfully adopting the minor with the aim of trafficking it to Singapore.
Police said Ms Muthoni had given birth on July 18, 2018 and instructed the hospital staff to give away the baby to Dr Chudasama and Mr Kian.
In her statement at the Directorate of Criminal Investigations, Ms Muthoni alleged that she had made an agreement before a lawyer that she would rent her womb and be paid Sh30,000 per month, Sh28,500 each month for the entire gestation period and a final sum of Sh500,000, after documentation of the child and release through court procedure to the intended parents
The Director of Public Prosecution Noordin Haji through state counsel Eugene Wangila told the court they wanted the case withdrawn because they lacked witnesses and evidence to support the case.
“We also want the case withdrawn because prosecution has no witnesses, lack of witnesses will negatively impact its prosecution,” he said.
Mr Wangila said prosecution has not been able to bond witnesses, supply their statements and avail documentary evidence to enable the case proceed.
The prosecution of the case has also been hampered by the fact that there is no legal and ethical framework to regulate surrogacy arrangements in Kenya.
The application came days after the magistrate warned that he will dismiss the case should the prosecution fail to supply witness statements.
Mr Nyakweba noted that failure to supply the witness statements had stalled pre-trial of the case which should be within 21 days after plea taking.
